I'm not a Ninth Circuit judge, so I don't know the answer to this question. But I wonder how it feels when you write an opinion -- in this case, one by Judge Hawkins, in 2020 -- with a particular holding, and then six years later (i.e., today), your colleagues take a case en banc and unanimously say that you were wrong.
Maybe your reaction is: "Well, I decided my case, and thought I was right, and if some future case goes the other way, no big deal." Or maybe you instead feel a bit miffed. Either at your colleagues, at yourself, at your law clerk, or at some combination of all three.
Nothing you can do about it either way, of course.
Just wondering.
P.S. - Can the Ninth Circuit website please stop posting the same opinion multiple times for cases that are consolidated? Yes, I know, they're different case numbers, but it's the exact same opinion. Just put it up there once. Ever since the new website went up a month or so ago, you've often got to scroll through the day's opinions to screen out the duplicates (which sometimes, like today, have different captions). It's a slight -- but extant -- pain the butt.
